58
legal system200 and is therefore satisfied by modifying,201 derogating, or otherwise
annulling202 or amending203 such rules or practices, as appropriate.204
195. The reforms introduced in the Panamanian legal framework in relation to
immigration issues do not annul the violations committed to the detriment of Mr.
Vélez Loor by the application of Decree Law N° 16 of 1960 and the State’s noncompliance with the duty to adapt such legislation to its international obligations as
from the date of the ratification of the American Convention (supra Chapter V).
Therefore, the Tribunal deems that the State violated Article 2 of the American
Convention in conjunction with Articles 7 and 8 therein. The reforms so mentioned
shall be considered for all pertinent purposes in the chapter corresponding to the
reparations (infra Chapter IX).
VIII-2
RIGHT TO HUMANE TREATMENT [PERSONAL INTEGRITY] IN RELATION TO
THE OBLIGATION TO RESPECT RIGHTS AND THE OBLIGATIONS ENSHRINED
IN THE INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE
196. The arguments of the Commission and the representatives, under Article 5 of
the American Convention and the Convention against Torture, coincide as to: i) the
prison conditions, and ii) the obligation to investigate into the acts of torture. In
addition, the representatives presented arguments regarding the alleged acts of
torture and the obligation to codify torture as a crime; these arguments will be
considered as they complement the obligation to investigate the alleged acts of
torture (supra para. 47). The State, moreover, acknowledged international
responsibility for the violation of the right to humane treatment [personal integrity]
contained in Articles 5(1) and 5(2) of the American Convention, in conjunction with
Article 1(1) therein, only as to certain prison conditions to which Mr. Vélez Loor was
subjected while he was imprisoned, with the exception of the obligation to provide
adequate medical care and the water supply. (supra para. 67).
197. In fact, the State “acknowledg[ed] that the serious deficiencies in the national
prison system negatively affect the right to integrity [humane treatment] of the
individuals deprived of liberty.” In this respect, it made special emphasis "on the
physical, structural and functional serious deficiencies,” which contradict domestic
laws as well as the international standards regarding the matter established by the
country. In relation to the La Palma Public Jail and La Joya-La Joyita Complex, "it
acknowledg[ed] the existence, as documented by the different Panamanian
authorities, of the following problems, among others: structural deficiencies in the
detention centers; problems in the provision of water supply; prison overcrowding;
deficiency of the systems to classify prisoners; deficiencies in the re-socialization and
200
Cf. Case of “The last Temptation of Christ” (Olmedo-Bustos et al) v. Chile. Merits, Reparations and
Costs. Judgment of February 5, 2001. Series C N° 73, para. 88; Case of Zambrano Vélez et al. v. Ecuador.
Merits, Reparations, and Costs. Judgment of July 4, 2007. Series C No. 166, para. 57, and Case of La
Cantuta, supra note 103, para. 172.
201
Cf. Case of Hilaire, Constantine and Benjamin et al., supra note 145, para. 113; Case of Zambrano
Vélez et al., supra note 200, para. 57, and Case of La Cantuta, supra note 103, para. 172.
202
Cf. Case of Caesar v. Trinidad and Tobago. Merits, Reparations and Costs. Judgment of March 11,
2005. Series C N°. 123, para 94; Case of Salvador Chiriboga v. Ecuador. Preliminary Objections and Merits.
Judgment of May 6, 2008. Series C No. 179, para. 122, and Case of Zambrano Vélez et al., supra note 200,
para. 57.
203
Cf. Case of Raxcacó Reyes v. Guatemala. Merits, Reparations, and Costs. Judgment of September
15, 2005. Series C No. 133, para. 87; Case of Salvador Chiriboga, supra note 202, para. 122, and Case of
Zambrano Vélez et al., supra note 200, para. 57.
204
Cf. Case of “The last Temptation of Christ” (Olmedo-Bustos et al), supra note 200, para. 87; Case
of Salvador Chiriboga, supra note 202, para. 122, and Case of Zambrano Vélez et al., supra note 200,
para. 57.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents